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HomeMy WebLinkAbout07/14/2022 - Regular Minutes - City Council The MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JULY 14, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick absent John Crompton via remote Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, Interim City Attorney John Haislet, Assistant City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Administrator 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:00 p.m. on Thursday, July 14, 2022, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on July 14, 2022, to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas; and DDN182533!Njovuft!Qbhf!2! Shana Elliott and Lawrence Kalke v. The City of College Station, et al. B. Consultation with attorney to receive legal advice; to wit: and wholesale transmission rates before the Public Utility Commission of Texas. Legal advice related to a 2016 Economic Development Agreement with Viasat, Inc. Legal advice related to a 2014 Economic Development Agreement with Fujifilm Diosynth Biotechnologies Texas, LLC, f/k/a Kalon Biotherapeutics LLC. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. Property generally located at the intersection of Texas State Highway 6 and Corporate Parkway. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Attorney City Manager Council Self-Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:17 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments No one signed up to speak. 6. WORKSHOP ITEMS 6.1. Presentation, discussion, and possible action on alignment options for Corporate Parkway at William D. Fitch and potential impacts to the Emily Fisher, Public Works Director, stated that in 2020, staff engaged consultants to look at various alignment options for Corporate Pkwy (formerly Pebble Creek Pkwy) at its future intersection with William D. Fitch. This presentation was a review of those options and explained the benefits and constraints of each. DDN182533!Njovuft!Qbhf!3! Phase 1 Options Jason Schubert, Traffic Engineer went through the events of the Thoroughfare Concept: Bryan/College Station Metropolitan Planning Organization (MPO) adopted the 2050 Thoroughfare Concept in June 2017. College Station amended City Thoroughfare Plan in November 2017 to include updates from the MPO concept. At approximately 7:10 p.m., Mayor Mooney opened the item for Citizens Comments. Lloyd Davis, College Station, came before Council on behalf of a group of homeowners in opposition to the proposed plan and to speak on the potential impacts of thoroughfare plan in the general area. He explained that from the Next 10, the Neighborhood Traffic Management states during the public input process, citizens also expressed concern regarding cut-through traffic within neighborhoods, on-street parking, and access to adequate bicycle facilities and pedestrian. Mr. Davis stated some of the concerns are that tying Corporate Parkway into William D. Fitch will drive more traffic into a busy intersection and negatively impact the quality of life in Pebble Creek. Jennifer Greeley, College Station, came before Council to share that she is not in support of the options fo the general area. It is her belief that this will destroy the quality of life for the neighborhood, the bicyclists, pedestrians, and others. Brian Bochner, College Station, came before Council to share his opinion that the only real advantage of connecting Corporate Parkway and south Pebble Creek Parkway via Spearman is lower costs. He believes the trade-off for lower cost would be adverse impacts of the Spearman corridor. The preliminary engineering study did not examine effects of the proposal either north or south of the immediate area of the alternative connections, and therefore should be considered incomplete and not suitable to support a change to the connection and the city thoroughfare plan. There being no further comments, Citizens Comments was closed at 7:29 p.m. The Mayor recessed the Workshop at 7:38 p.m. The Workshop reconvened at 7:50 p.m. 6.2. Presentation, discussion, and possible action regarding a presentation on the city's street maintenance plan. DDN182533!Njovuft!Qbhf!4! Emily Fisher, Public Works Director, stated that the Street Maintenance Division has 19 full time employees and maintains approximately 355.63 roadway centerline miles. The division is responsible for sweeping operations and both minor and major repair operations. Mrs. Fisher explained that there will be a public meeting in February or March on street maintenance. Street Program Overview Pavement Condition Indexing Process Current Pavement Condition Index Historical Cost Association by Maintenance Area Street Maintenance and Capital Program Costs Street Maintenance and Capital Plan At approximately 8:19 p.m., Mayor Mooney opened for Citizens Comments. John Junkins, College Station, came before Council to request that Shady Drive be looked at for repair, he finds the conditions deteriorated. There being no further comments, Citizens Comments was closed at 8:30 p.m. 6.3. Presentation, discussion, and possible action regarding the nonprofit organization Unlimited Potential, as requested by City Council. Jackie Flagg, Unlimited Potential and Kelyn Wardlaw, Executive Director of Unlimited Potential, presented an overview of the history of Unlimited Potential (UP) and statistics of independent living. The organization began under the Voices for Children umbrella in 2014 working with youth ages 16- 24, the UP received designation as its own 501 (c)(3) in May 2018 and narrowed its focus to serve only former foster youth ages 18-25 and currently serves approximately 40 clients as well as their children. Services Offered Case Management/Referrals for services: DDN182533!Njovuft!Qbhf!5! Job Training, Education, SNAP/TANF/WIC Benefit Applications, Medicaid Assistance, Housing Assistance Mentorship Life Skills Workshops Peer Support In-Office Resources Laundry, Kitchen, Shower, Essentials Closet, Emergency Food Pantry Open access computer lab Counseling Services Limited Transportation They went on to detail the differences a transitional facility could make. Homelessness and instability directly prevent other efforts for independent living. Housing instability and poverty increase the risk of substance abuse, mental health challenges, criminal activity, and other negative behavior. It could also provide an opportunity to provide satellite location for social services to low-income residents in College Station. Dr. Don Russell explained the timeline of purchase and development to repurpose this location. Council directed staff work with Unlimited Potential on the cost to raze the building and determine if CDBG funds can be used. 6.4. Presentation, discussion, and possible action on a draft policy from the Naming of City Facilities Subcommittee. Councilmember Crompton abstained and left the meeting for this item. Bryan Woods, City Manager, presented this item for Council to discuss a possible policy for the Naming of City Facilities Subcommittee. Council directed staff to bring back a draft policy which includes a requirement for cost information on any potential renaming of facilities. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Items 7.2 was pulled from Consent for clarification. (7.2) Emily Fisher, Public Works Director stated this is a ratification of a change order. (7.10) Councilmember Cunha requested this item to be voted on separately. 7.1. Presentation, possible action, and discussion of minutes for: June 21, 2022 Special Meeting June 22, 2022 Special Meeting June 23, 2022 Council Meeting DDN182533!Njovuft!Qbhf!6! June 29, 2022 Special Meeting 7.2.Presentation, discussion, and possible action regarding a change order for delivery and testing of the Wellborn Road Dynamic Message Sign. 7.3. Presentation, discussion, and possible action regarding Resolution No 07-14-22-7.3 on a local on-system improvement project agreement with the Texas Department of Transportation for the installation of a dynamic message sign on Wellborn Road (FM 2154). 7.4. Presentation, discussion, and possible action regarding the second and last renewal of a professional services contract with McCord Engineering, Inc. for electrical engineering services for an amount not to exceed $600,000. 7.5. Presentation, discussion, and possible action regarding the approval of a contract between the City of College Station and McCord Engineering, Inc. not to exceed the amount of $550,000 for the purpose of engineering design and required deliverables to facilitate the necessary relocation of all City of College Station (COCS) electric facilities in conflict with the State Highway 6 Expansion Project CSJ#1. 7.6. Presentation, discussion, and possible action regarding Ordinance No. 2022-4369 amending - Ordinances of the City of College Station, Texas, by amending Section 40- rability clause and providing an effective date. 7.7. Presentation, discussion, and possible action on approving annual water meter purchases from Badger Meter, Inc. Based on the current unit pricing, the estimated annual expenditure for water meters is $125,000. 7.8. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Waste Falcon, LLC for the collection of recyclables from commercial businesses and multi-family locations. 7.9. Presentation, discussion, and possible action regarding a professional services contract with Freese and Nichols, Inc. in the amount of $245,510 for preliminary design of the Carters Creek Wastewater Treatment Plant Effluent Filters project. 7.10. Presentation, discussion, and possible action regarding Ordinance No. 2022-4370 consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve the Consent Items with the exception of Item 7.10. The motion carried unanimously. (7.10) MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting against, to approve Consent Item 7.10, consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. The motion carried. DDN182533!Njovuft!Qbhf!7! 8. REGULAR ITEMS Mayor Mooney took items out of order; Regular Item 8.4 was taken first. The Mayor recessed the Regular at 9:49 p.m. The Regular reconvened at 9:54 p.m. 8.1. Presentation, discussion, and possible action on Ordinance No. 2022-4371 authorizing the issuance of certificates of obligation, series 2022; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates. Michael Dehaven, Assistant Finance Director, stated the City Council is authorized to approve the staff to pub 31st such notices were duly published. Mr. Dehaven stated i Financial Advisor, Ms. Marti Shew with Hilltop Securities, Inc., that the City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds. This issuance will provide resources for streets, parks, information technology equipment, facilities and electric, water and sewer system improvements, and debt issuance costs. If this ordinance is approved, the City Council will be delegating to the Mayor, the City Manager and the Assistant City Manager/CFO the authority to complete the sale of the certificates, which must be completed by July 14, 2023. Staff Recommended Bid to accept after adoption of the ordinance authorizing issuing Certificates of Obligation with the following terms: MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2022-4371, authorizing the issuance of certificates of obligation, series 2022; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates. The motion carried unanimously. 8.2. Public Hearing, presentation, discussion, and possible action regarding a presentation of the proposed Program Year 2023 Annual Action Plan, Fiscal Year 2023 Community Development Budget, and Substantial Amendment to the 2020 - 2024 Consolidated Plan. Debbie Eller, Community Services Director, stated the City is required to submit a one-year Annual Action Plan describing projects, activities, and budget to be funded with the community development grants received. She clarified that the Annual Action Plan activities must correspond to the 5-Year Consolidated Plan. The total grant funds available next year are $2,750,490 in Community DDN182533!Njovuft!Qbhf!8! Development Block Grant (CDBG) funds and $994,311 in HOME Investment Partnership Program Grant (HOME) funds. These amounts include carry-over funds from previous years and new year allocation amounts of $1,181,121 in CDBG and $505,465 in HOME funding. Program Year 2022 funding will be available on October 1, 2022. Mrs. Eller went on to explain that CDBG and HOME funds may only be used to: (1) benefit low- and moderate-income persons; (2) aid in the elimination of slum and blighting influences; and/or (3) meet an urgent community need. Further, CDBG funds may be used to meet local needs through a wide range of community development activities, while HOME funds may only be used for affordable housing activities. The Program Year 2022 Annual Action Plan, which includes the Fiscal Year 2023 Community Development budget, must be delivered to HUD no later than August 16, 2022. Therefore, this information is a separate process from the Council's consideration of the overall City budget. At approximately 10:09 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:09 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve the proposed Program Year 2023 Annual Action Plan, Fiscal Year 2023 Community Development Budget, and Substantial Amendment to the 2020 - 2024 Consolidated Plan. The motion carried unanimously. 8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4372 f the City of College Station, Texas, by changing the zoning district boundary from R&D Research and Development to PDD Planned Development District for approximately 6.74 acres located at 400 Technology Parkway, generally located at the end of Technology Parkway east of State Highway 6 South. Anthony Armstrong, Planning and Development, stated that this request is to change the existing zoning from R&D Research and Development to PDD Planned Development District with a base zoning of SC Suburban Commercial and associated Concept Plan on approximately 6.74 acres. The applicant is requesting to add an allowed use -scale aerial uses. The applicant provided additional limitations to vehicle trips and the outdoor operation area, as well as several landscape buffers. Mr. Armstrong stated the base zoning proposal of SC Suburban Commercial is in compliance with the Comprehensive Plan. At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the base zoning district, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following modification of adding the allowed use of - -scale aerial distribution is defined as: the use of drones or similar devices weighing less than 100 pounds on takeoff, including everything that is on board or otherwise attached to the drone, to enable the receipt, storage, and distribution of packages by air. Distribution of consumer packages by land must be limited to 5 trips per day. Sean Cassidy, Director, Safety, Flight Operations & Regulatory Affairs at Amazon Prime Air, came before council representing the applicant and gave a brief overview and history of this project. DDN182533!Njovuft!Qbhf!9! The Planning and Zoning Commission heard this item at their June 16, 2022, meeting and voted unanimously to recommend approval. Staff also recommends approval of the rezoning. At approximately 11:28 p.m., Mayor Mooney opened the Public Hearing. Billy Hamilton, College Station, came before Council on behalf of the Texas A&M Chancellor in support of the drone use and state what he believes are its positive outcomes for the economy. Robin Murphy, College Station, came before council representing a group of citizens and stated she is generally positive about the use of drones for delivery. She believes delivery drones are an important developing innovation and as one of the first communities to be involved, she thinks College Station has both the responsibility and- through Texas A&M- the expertise to do it right. Steve Parker, College Station, came before Council to state he is not in support of drones at this location because he is unsure of the safety of these particular drones. Karen Gregory, College Station, is in opposition and concerned that her right to privacy and ability to live free of excessive noise will be violated. David McWhirter, College Station, came before Council to state his concerns about Amazonunsafe business practices in the warehouses, and the miss treating of their employees. He is skeptical that drones will be operated much differently than warehouses. Alton Rogers, College Station, came to state his concerns related to privacy and quality of life as the drone program grows. Monica Williams, College Station, came before Council to express that she is not in support of the Amazon drones near neighborhoods. She cites safety to area homes and hospitals, schools, increases of noise and reductions in privacy. Patrick Williams, College Station, spoke about his experiences in projects in his professional life and believes that one of the driving forces for choosing this location is because it does not regulate this type of activity. Sandi Wood, College Station, is concerned about the ecological impacts of drones. She went on to state that many homeowners would have their quality of life negatively impacted by this operation. Derek Walton, College Station, stated that the proposed PDD zoning with base zoning of SC Suburban Commercial with the added use of consumer, - the city ordinances nor the Comprehensive Plan. Stuart Lewis, College Station, is opposed to what he considers a small experimental airport next to established neighborhoods. Alex Hernandez, College Station, stated that while he has no reason to believe that Amazon is acting in a malicious manner, they will not have to live with the consequences. He is concerned about safety, privacy, and noise. Phil Beremad, College Station, requested new regulations for drone air traffic and operations before DDN182533!Njovuft!Qbhf!:! the city council approves the Amazon drone facility rezoning. Denise Snyder, College Station, explained that those living in the drone delivery target zone have not received adequate notice and information and there are no explicit safeguards to protect our community. There being no comments, the Public Hearing was closed at 12:35 a.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Cunha, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2022-4372, amending y changing the zoning district boundary from R&D Research and Development to PDD Planned Development District for approximately 6.74 acres located at 400 Technology Parkway, generally located at the end of Technology Parkway east of State Highway 6 South. The motion carried unanimously. 8.4. Public Hearing, presentation, discussion, and possible action to consider the naming of Lick Creek Nature Center. Councilmember Crompton abstained and left the meeting for this item. Bryan Woods, City Manager, stated that this item was requested by Council and turned it over for discussion. At approximately 9:40 p.m., Mayor Mooney opened the Public Hearing. Don Hellriegel, College Station, came before Council to request Council to consider the naming of Lick Creek Nature Center for Gary Halter in honor of his contributions to the community. There being no comments, the Public Hearing was closed at 9:44 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted four (4) for and one (1) opposed, with Councilmember Cunha voting against and Councilmember Crompton abstaining, to approve the naming of Lick Creek Nature Center to Gary Halter Nature Center. The motion carried. 9. Council Calendar Council reviewed the calendar. 10. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. DDN182533!Njovuft!Qbhf!21! Nothing to report. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Nothing to report. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Harvell requested a report on the Senior Advisory Committee. Councilmember Crompton request a report on the new 988 suicide and crisis help line. Councilmember Maloney requested a report on possible designs at Veterans Park. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 1:30 a.m. on Thursday, July 14, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN182533!Njovuft!Qbhf!22!